Civil Procedure – Venue – Courts ‘Of’ Commonwealth – State Forum

By Deborah Elkins
Published: October 19, 2009

A forum selection clause that says proper venue “shall be the courts of the Commonwealth of Virginia” requires filing suit in Virginia state court, and a Richmond U.S. District Court grants defendant’s motion to dismiss for improper venue. Recent 4th Circuit precedent dictates that it is proper to seek dismissal under Fed. R. Civ. P. 12(b)(3) ...

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